Prior Tenant, Who Transferred Apartment to Son, Remained Rent Stabilized or Had Pass-On Rights

Landlord sued to evict occupant of rent-stabilized apartment. Occupant claimed that she had lived there since 1991. Alternatively, she claimed succession rights. Occupant had been the tenant of the apartment but signed a notarized statement that she was turning the apartment and her Section 8 subsidy to her son because she no longer lived in the apartment due to mental health issues. Landlord had deemed this note a surrender and had approved the son’s request to become tenant. Landlord gave the son a lease in 2013. The occupant now claimed that she never intended to stop living at the apartment but entered a residential rehab facility in 2011 and wrote the note in 2012 to ensure that her son remained in the apartment. The court ruled for occupant. Aside from the note, there was no proof that occupant lived at another address. She returned to the apartment immediately after treatment at the rehab. Her legal residence remained the apartment. Alternatively, she qualified for succession rights from her son.

Promesa Housing Development Fund Corp. v. FM: NYLJ No. 1202752743164 (Civ. Ct. Bronx; 3/3/16; Stanley, J)